DETAILS OF WHY PDP SENATORS WALKED OUT ON BUKOLA SARAKI DURING AMAECHI'S CONFIRMATION

Senators on the platform of the Peoples Democratic Party (PDP) on Thursday fought desperately to stop the confirmation of former Rivers State Governor, Mr. Chibuike Rotimi Amaechi, but were effectively blocked by their All Progressives Congress (APC) counterparts with their slim majority.

Realising that the minority in a democracy can only have their say while the majority will always have their way, the PDP senators opted to stage a walkout in protest of what they described as the APC senators’ resolve to celebrate corruption in view of the allegations of fraud against Amaechi.

The journey leading to yesterday’s heated debate was preceded by a closed-door session mainly on how to handle Amaechi’s confirmation.

The closed-door session which began at 1.54 pm immediately after the confirmation of the new leaders of the Independent National Electoral Commission (INEC) ended at 2.15 pm.

Thereafter, Senate President Bukola Saraki called for the presentation of the report of the Senate Committee on Ethics, Privileges and Public Petitions by its Chairman, Senator Sam Anyanwu, on the petition against Amaechi by The Integrity Group.

The petitioners had alleged that Amaechi diverted N70 billion proceeds from the sale of four independent power projects belonging to Rivers State.

Hence, they demanded the rejection of Amaechi as a ministerial nominee on the grounds that he had breached public trust and lacked the moral fortitude to hold another public office.

After laying the report, the Senate dissolved into the committee of the whole to confirm the nominees. The Senate had wisely ensured that Amaechi’s was the last on the list to be confirmed, as his clearance was likely to cause friction in the chamber.

As Saraki read out the names of other nominees, there was no objection to their confirmation, except that of Brigadier-General Mansur Dan-Ali whose call for his confirmation was accompanied by a resounding “nay”. But as Saraki did in the case of Alhaji Lai Mohammed, he ruled in his favour.

The PDP senators however changed their minds on their resolve to oppose the nomination of Cross River State’s nominee, Usani Uguru, whom they chastised on Tuesday for insulting the former ruling party during his screening by responding “God forbid”, when he was asked if he had links with the PDP. But his confirmation sailed through with ease.

After the confirmation of the 17 nominees, Saraki asked Anyanwu to read the report of the ethics committee. While reading the report, Anyanwu recalled how Amaechi had testified before the committee that the matter contained in the petition was already before an Appeal Court and would therefore be sub-judice to consider the petition.

He also disclosed the receipt of three separate letters from Amaechi's lawyers, arguing that Amaechi could not appear before the committee because the matter for which he was invited was already in court.

He also reported that the committee received the report of the Judicial Commission of Inquiry led by retired Justice George Omereji and the state’s White Paper, which indicted Amaechi.

Having informed the Senate of the petitions in its possession, the committee, in its recommendation, stated: “Since the ministerial nominee had gone to the Court of Appeal to challenge the content of the petition and the White Paper of the Judicial Commission of Inquiry, the Senate is unable to recommend consideration of his confirmation.

“That the Senate do consider and adopt the recommendation as proposed by the committee,” Anyanwu said.
But after the report was presented, the Senate Leader, Ali Ndume moved a motion arguing that since the matter was already in court, the Senate should ignore the recommendation and instead proceed to confirm Amaechi.

Ndume’s motion set the stage for the battle over Amaechi’s fate, as the Minority Leader, Senator Godswill Akpabio, refused to second the motion in line with the Senate’s tradition.

He pleaded with his colleagues in APC not to look at the matter from a sentimental point of view and asked them to uphold the Senate rule as contained in Order 53(5) of the Senate Standing Orders and in accordance with Anyanwu’s presentation.
The order stipulates that the Senate shall not consider any matter that is before the judiciary if in the opinion of the Senate president it is considered to be sub-judice.

Akpabio also cautioned Ndume against misleading the Senate in contradiction to his job as Senate leader. “The Senate leader’s job is to lead properly,” he said, contending that by Ndume’s motion, he was trying to shut PDP senators out.
He also argued that the normal thing was for a report to be debated after presentation.

Siding with Akpabio, Saraki opened the floor for the debate on the report of the ethics committee.
Consequently, Senator George Sekibo (Rivers East) stood up and submitted that as an indigene of Rivers State, he had a reason to speak on the matter. He also said as senators, they were representing Nigerians.

“I have a reason to speak on this matter. As a member of Rivers State caucus, we represent our people. And Nigerian people are in the majority and not APC. The majority of the Nigerian people are the true judges. Those that will evaluate us are Nigerian people.

“The report contains weighty allegations of corruption: a series of asset mismanagement and fraud. The matter was referred to the ethics committee. The committee did its work and submitted the report.

“There is no way anyone can amend the report. There is no way it can be converted to a motion. With due respect to the Senate Committee on Ethics, Privileges and Public Petitions, the report says since the nominee has gone to court, the Senate is unable to recommend his confirmation.

“There is a moral burden on all of us here. Whatever we do today will be recounted in future. We are encouraging corruption when Mr. President said he is fighting corruption. The majority may have their way but we will have our say,” he submitted.

Then Senator Babajide Omoworare (Osun East) took the floor. According to him, the recommendation of the committee could be amended. He cited Order 41 rule 7 of the Senate Standing Rules which stipulate that the Senate should not receive petitions on any matter that has a judicial remedy.

He also cited Sections 65 and 66 of the 1999 Constitution, which specify the qualifications of a ministerial nominee, arguing that the Senate rules were at variance with the constitution and argued that any law that is at variance with the constitution must give way. Omoworare therefore seconded Ndume’s motion.

But Anyanwu insisted that it would not be healthy for the Senate to work against its rules.
He was followed by Senator Abiodun Olujinmi (PDP, Ekiti South) who said that from all indications, the PDP caucus was being shut out.

She argued further that with the move to confirm Amaechi, there was a moral burden on both the Senate as well as the government of President Muhammadu Buhari, which she reminded her colleagues was riding on the crest of its anti-corruption mantra.

She said the right thing was to allow the court to absolve Amaechi of the allegations of corruption, adding that it was clear to all Nigerians that Buhari’s government was not prepared to fight corruption as it had claimed.

“From all indications, we are being shut out. There’s a moral burden not only on us but also on this government that is riding on the crest of anti-corruption. There is a moral burden on anyone that is riding on the crest of anticorruption. We need to ensure that the court absolves him before we can confirm him in this Senate.

“I’m insisting, Mr. President, that the majority will have their way but Nigerians know that this government is not ready to fight corruption,” Olujinmi said.

To give the PDP position fillip, Senator Joshua Lidani (PDP, Gombe South) cited Section 60 of the constitution to counter Omoworare’s submission that the Senate Standing Orders were inferior to the constitution. The section states that the Senate is empowered to set its own rules, he stated.

He said by this provision, Senate Standing Orders were recognised by the constitution and so its provisions should be binding on members, adding further that the ethics committee’s recommendation in accordance with Order 53(5) should be upheld.
But at this point, the chamber had become quite rowdy, as both PDP senators and APC senators loudly interrupted the speakers in an attempt to shout them down.

Realising that they could not win their case, the PDP senators then took their belongings and stormed out of the chamber.
As they departed, Senator Barnabas Gemade (Benue North-east) stood up, stating that since the opposition had had their say, the report of the ethics committee should be rejected.

When Saraki asked if the report should be rejected, there was a resounding “Aye” from the APC senators who were only persons left in the chamber, effectively paving the way for the Senate to confirm Amaechi without a dissenting voice.
His confirmation ended four weeks of controversy over his nomination.

However, THISDAY observed that a number of the APC senators kept mute during the voice vote, indicative that some of them might have decided to raise no objection to Amaechi’s confirmation in order not appear disloyal to their party.

To buttress the view that not all APC senators might have been favourably disposed to Amaechi’s confirmation, the report of the ethics committee was signed by three APC senators and four PDP senators. Seven of 11 senators in the committee signed the report.

The APC senators who signed the report were the Deputy Majority Leader, Ibn Na'Allah, Dino Melaye and Tayo Alasoadura. Anyanwu explained that some of the committee members such as Muhammed Shittu didn’t sign because he was abroad.

After walking out of the chamber, the PDP senators assembled in Hearing Room One to brief the press. Leading the group, Akpabio said they owed Nigerians a duty to explain why they walked out of the chamber.

According to him, they had been shut out and since they were not allowed to air their views while the Senate rules were breached, so they were left with no option than to walk out of the chamber. He described the situation as unfortunate.

Responding to a question on how this would affect their relationship with Saraki in view of the fact that his emergence as Senate president was made possible by the PDP caucus, Akpabio said it was incorrect to reason that Saraki rode on the back of the PDP to become Senate president because Saraki was elected unopposed. He explained that there was no challenge from an opponent on the day he became Senate president.

Also, a PDP senator, who preferred not to be named, said that they had no choice but to walk out because “it was clear that we did not have the numbers and the only option available to us was to walk out”.

“The last time he (Amaechi) was screened and we sat there not saying anything, people were critical of us because our presence was said to have conferred legitimacy to the exercise.

“So this time, we had to walk out. We could not do anything; they were larger in number. So there was no sense going to a battle that you knew you would lose from the start. That’s what happened,” he explained.

The 17 other ministerial nominees confirmed yesterday were Dr. Okechukwu Enelamah, Prof. Anthony Anwuka, Mohammed Bello, Adamu Adamu, Adebayo Shittu, Heineken Lokpobiri, Prof. Claudius Omoleye Daramola, Khadijah Abba-Ibrahim and Baba Mustapha.
Also confirmed were Prof. Isaac Adewole, Ocholi James, Bawa Bwari, Geoffrey Onyeama, Zainab Ahmed, Mansur Dan-Ali, Uguru and Aisha Abubakar.

Other than the ministerial nominees, the Senate yesterday also confirmed the appointment of Professor Mahmood Yakubu as the new Chairman of INEC.

It also confirmed the appointment of five national commissioners of the electoral commission.
The five commissioners cleared were Professor Anthonia Taiye Okoosi-Simbine, Mr. Solomon Soyebi, Mrs. Amina Zakari, Alhaji Baba Shettima Arfo, and Dr. Mohammed Lecky. They were confirmed after more than an hour of screening by the Senate.

During his screening, Yakubu, who hails from Bauchi State, disclosed that the bulk of 12.3 million permanent voters’ cards (PVCs) had still not been collected, but promised to begin the distribution of PVCs next year, three years ahead of the 2019 general election.

He said doing so would avert the crisis generated by the distribution of PVCs before the 2015 elections.
Yakubu, who also clarified that 70 million voters were registered before the 2015 general election, added that 56.5 million PVCs were distributed while 500,000 were never printed.

Yakubu assured the Senate that no elections would be won at the headquarters of INEC or its state offices, and commended his predecessor, Professor Atahiru Jega, whom he said had laid the foundation for the reform of the electoral process that he would only build on.

He also said embracing electronic voting had become inevitable in view of increasing technological consciousness across the world, adding that if Nigeria was ill-prepared for it, it would be injurious to the system. He also said diaspora voting had become inevitable.
He said: “Electronic voting is desirable and inevitable. If you look at the trajectory from the last 10 years, the voters’ register comes in electronic format.

“Initially, it was just a register in paper form, then photographs were added. And in the last election, both photographs and biometrics were added.

“So it is inevitable that one day, we will adopt electronic voting. But the experiences of other nations show that we have to tread cautiously. It is technology. If it’s untried and untested, we will get bogged down by it.

“So we need to decide on what we want. Is it pure electronic voting or an electronic voting paper trail like they do in Venezuela?”
He however added that for the governorship elections, Nigeria was fortunate because governorship polls for several states had been staggered by default, making it possible to continue to improve on technology-based voting despite its challenges.